scholarly journals Problems of Definitions in International Water Law

2017 ◽  
pp. 133-138
Author(s):  
Юлия Случевская ◽  
Yuliya Sluchevskaya
Keyword(s):  
Water Resources ◽  
River Basin ◽  
Drainage Basin ◽  
Legal Regulation ◽  
Water Law ◽  
International Rivers ◽  
Transboundary Waters ◽  
International Water Law ◽  
International Water ◽  
International River

The article studies one of the basic definitions of International Water Law – “transboundary waters”. It is noted the altered priorities of the use of water resources as well as new methods used in the natural sciences, especially in the hydrology, have an impact on the content of this definition. It is investigated the correlation of such definitions as “transboundary waters”, “transboundary watercourses”, “international watercourses”, “international river basin”, “international drainage basin”, “international rivers”, “international lakes”. It is analyzed sources of international water law, which was elaborated terminology and definitions, it is traced their evolution. The author points out the following features of the definition “transboundary waters”: 1) these include surface water and groundwater; 2) they cross the border between two or more states are located on boundaries; 3) the use of transboundary waters affects the interests of two or more states; 4) the special legal regulation of their use (the doctrine of absolute sovereignty over water resources are located within of boundaries of the state; the doctrine of belonging of transboundary waters to all states of the international drainage basin; the doctrine of optimal development of the river basin; the doctrine of limited sovereignty; the doctrine of the priority); 5) specific requirements for the protection of ecosystems of transboundary waters; 6) the large conflict potential in use of water resources.

The International Law Association Helsinki Rules

2019 ◽  
Vol 3 (4) ◽  
pp. 1-110
Author(s):  
Slavko Bogdanović
Keyword(s):  
Water Resources ◽  
International Law ◽  
Water Law ◽  
Intensive Study ◽  
International Rivers ◽  
Customary International Law ◽  
International Water Law ◽  
International Water

AbstractAlthough the International Law Association (ILA) was established in 1873, it only turned its attention to the internationally shared water resources in 1954, when its study of the applicable principles and rules of international law thereon began. The first ILA committee assigned to this task was the Rivers Committee, which, after a decade of intensive study and through several resolutions and statements, arrived unanimously at a set of articles reflecting customary international law, known as The Helsinki Rules on the Uses of the Waters of International Rivers.The Helsinki Rules approved at the ILA Helsinki Conference in 1966 were soon widely accepted across the globe as a non-binding authoritative source of international water law. This monograph traces the work of ILA leading to the approval of the Helsinki Rules, analyses the Rules, and identifies their influence on, and contribution to the evolution of international water law.

Shared Water Resources in West Africa

2018 ◽  
Vol 3 (1) ◽  
pp. 1-98 ◽  
Author(s):  
Nwamaka Chigozie Odili
Keyword(s):  
Water Resources ◽  
West Africa ◽  
Water Law ◽  
Colonial Era ◽  
Post Colonial ◽  
International Water Law ◽  
International Water ◽  
Niger River

AbstractSince the adoption of the General Act of Berlin in 1885, which dealt,inter alia, with the Niger River, more agreements have been contracted for the management of some of the shared watercourses in West Africa, particularly in the post-colonial era. Although only six out of its numerous shared watercourses are regulated by legal instruments, West Africa contributed through these agreements to the development of international water prior to the adoption of theunWatercourses and theuneceWater Conventions in the 1990s. Initial instruments dealt primarily with navigation, while later agreements addressed the need for co-operation and incorporated other principles of customary international water law. The two conventions have, no doubt, influenced this trend, raising the question of whether riparian states in West Africa need to be parties to either or both water conventions to enhance management, sharing, and protections of their shared watercourses.

scholarly journals The Legitimacy of Dam Development in International Watercourses: A Case Study of the Harirud River Basin

2019 ◽  
Vol 8 (02) ◽  
pp. 247-278 ◽  
Author(s):  
Mohsen Nagheeby ◽  
Mehdi Piri D. ◽  
Michael Faure
Keyword(s):  
River Basin ◽  
Customary Law ◽  
Water Law ◽  
Transboundary Water ◽  
Legal Norms ◽  
Water Cooperation ◽  
International Water Law ◽  
International Water ◽  
Transboundary Water Cooperation

AbstractThis article examines the international legitimacy of unilateral dam development in an international watercourse from the perspective of international water law. Drawing upon technical analysis over the Harirud River Basin, the article discusses probable negative impacts of unilateral dam development in Afghanistan on downstream Iran and Turkmenistan. Competing claims are analyzed to assess emerging transboundary damage under customary international water law. Applying these insights to the case study, this article explores how legal norms and principles can contribute to transboundary water cooperation. It investigates how equitable and reasonable utilization, as required by the United Nations Watercourse Convention, could be reached and whether current activities are in conformity with international norms. Based on this analysis and in the light of international customary law, the article questions the compatibility of unilateral control and capture of water resources in Afghanistan, particularly through the Salma Dam, with ‘equitable and reasonable utilization’ and ‘no significant harm’ rules. The article also argues that building the Salma Dam results in significant transboundary harm to downstream states. Hence, such harm could be considered as significant transboundary damage. Conclusions point to an understanding of water law as a form of institutional guidance in order to provide a transparent setting for transboundary water cooperation among riparian states.

Hydro-hegemony and international water law: laying claims to water rights

Water Policy ◽  
2008 ◽  
Vol 10 (S2) ◽  
pp. 89-102 ◽  
Author(s):  
Marwa Daoudy
Keyword(s):  
Bargaining Power ◽  
Negotiation Process ◽  
Water Law ◽  
International Rivers ◽  
Legal Principles ◽  
Bargaining Position ◽  
Prior Notification ◽  
International Water Law ◽  
International Water

This paper addresses hydro-hegemony from the perspective of International Water Law, by examining the role of law in upstream/downstream negotiations. It is built on the understanding that International Water Law constitutes an element of power relations, asserting that it is a source of structural and bargaining power. The first section of the paper discusses main principles that have emerged, and their establishment as terms of reference for water cooperation. In the second part, competing claims are analysed to see how co-riparians in the Euphrates and Tigris basins have provided deliberately conflicting interpretations over “International rivers”, “equitable and reasonable utilization”, “no harm”, “prior notification” and “consultation” to derive negotiating positions and influence from International Water Law. Conclusions point to the understanding of water law as a structural variable, impacting on the actors’ constraints and options and enhancing the structural power of the non-hegemonic riparians. International Water Law appears to operate as well as process-related variable which influences the process and outcome of water negotiations. As a source of bargaining power, legal principles increase the legitimacy of downstream riparians and enhances their bargaining position in the negotiation process.

scholarly journals Comparison and Contrast of Islamic Water Management Principles with International Water Law Principles: A Case Study of Helmand River Basin

2021 ◽  
Author(s):  
Najibullah Loodin ◽  
Aaron Wolf
Keyword(s):  
Water Management ◽  
River Basin ◽  
Sustainable Use ◽  
Water Law ◽  
International Water Law ◽  
International Water ◽  
Negative Impacts ◽  
Enforcement Mechanisms ◽  
Water Tension ◽  
Role Of Religion

Considering the negative impacts of climate changes along with the rapid increase in population in Islamic dominated states, e.g., the Middle East, water tension among upstream and downstream states is increasing. Despite the importance of water management in Islamic culture, the role of religion has been under-valued and under-emphasized by the scholars. The paper has sought to compare and contrast Islamic water management principles (IWMP) with international water law principles (IWLP). The findings from this analysis show not only that IWMP are in conformity with IWLP, but that in many cases, IWMP can be more effective. For instance, where international water accords between riparian states of a shared river basin are poorly developed and lack enforcement mechanisms under IWLP, those upstream states can abuse their geographical locations depriving those downstream-ers. In contrast, IWMPs stress the equitable and reasonable use of water resources among upstream and downstream users of a shared watercourse. Moreover, although IWLPs emphasize the conservation and preservation of ecosystems and the environment at the basin level, the inter-basin states especially those upstream can pose significant harm to the ecosystems. On the other side, Islam as the religion of peace, has placed much emphasis on the preservation of nature. For example, the verse, “.... And waste not by excess, for Allah loves not the wasters” [Quran, 7:31], illustrates the importance of the sustainable use of water and the environment. It is argued that if Islamic Water Management Principles are incorporated into the management instrument of Islamic States, the issue of equitable and sustainable use of water among Muslim-dominated riparian states (e.g., Iran, Afghanistan, etc.) will be solved.

New Approaches for International Water Resources

2021 ◽  
Author(s):  
Owen McIntyre
Keyword(s):  
Water Resources ◽  
Stakeholder Participation ◽  
Ecosystem Approach ◽  
Benefit Sharing ◽  
Water Law ◽  
Water Crisis ◽  
Progressive Development ◽  
Management Techniques ◽  
International Water Law ◽  
International Water

As a body of rules and a basis for inter-State cooperative practice, international water law suffers from certain important shortcomings. Most significantly, it is characterised by substantive normative indeterminacy, and from related deficiencies in its associated procedural and institutional frameworks, which retard its progressive development and limit its capacity to respond to the looming challenges of the impending global water crisis. Though it has evolved progressively in recent years to incorporate a far-reaching obligation upon watercourse States to adopt an ecosystem approach to the management of shared watercourses, this very development highlights international water law’s systemic difficulty in accommodating water management techniques which are critically important to effective implementation of such an approach and, ultimately, to addressing the water crisis. Such techniques, with which international water law struggles, include multi-faceted benefit-sharing, adaptive management, and public and stakeholder participation. The latter two are considered essential for implementation of an ecosystem approach, while the former comprises a cooperative technique facilitated by an ecosystem approach, by means of which watercourse States might eliminate inefficiencies and ensure optimal utilisation of shared water resources. These problems illustrate the urgent imperative of continuing to develop and refine, if not completely reimagine, the rules of international water law.

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